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Home My WebLink About1993-11-09; City Council; Minutes* * 0 0 MINUTES MEETING OF: CITY COUNCIL (Regular Meeting) DATE OF MEETING: November 9,1993 TIME OF MEETING: 6:OO p.m. PLACE OF MEETING: City Council Chambers CALL TO ORDER: Mayor Lewis called the Meeting to order at 6:Ol p.m. ROLL CALL was taken by the City Clerk, as follows: Present: Council Members Finnila, Nygaard, Kulchin, Mayor Pro Tem Stanton and Mayor Lewis. Absent: None. PRESENTATION: Mayor Lewis presented a Proclamation to Joe Ayers of the Carlsbad Optimist Club for YOUTH APPRECIATION WEEK. APPROVAL OF MINUTES: On motion by Mayor Pro Tem Stanton, the following Minutes were approved as presented: Minutes of the Special Meeting held October 26, 1993. Minutes of the Regular Meeting held October 26, 1993. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila CONSENT CALENDAR: Mayor Lewis removed Item #2 from the Consent Calendar. ACTION: On motion by Council Member Nygaard, Council affirmed the action of the Consent Calendar, Items 1 through 4, with the exception of Item #2, as follows: AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila WAIVER OF ORDINANCE TEXT READING: Council waived the reading of the text of all Ordinances and Resolutions at this Meeting. 99 1. AB #12,462 - ACCEPTANCE OF PUBLIC IMPROVEMENTS - ARC0 AM/PM - PD 402. Council accepted improvements, authorized the City Clerk to record the Notice of Completion and release bonds in accordance with State law and City ordinances, directed the Utilities & Maintenance Department to commence maintaining the public street improvements and the Carlsbad Municipal Water District to commence maintaining the public sewer improvements constructed at Palomar Airport Road and Camino Vida Roble. 264 0 0 November 9, 1993 Page 2 CONSENT CALENDAR: (Continued) 63 2. AB #12,463 - AUTHORIZATION FOR GRANT APPLICATION FROM CALIFORNIA LIBRARY LITERACY SERVICE. This item was removed from the Consent Calendar. 63 3. AB #12.464 -ACCEPTANCE OF LIBRARY SERVICES AND CONSTRUCTION ACTTITLE II GRANT 45 FROM CALIFORNIA STATE LIBRARY. Council adopted RESOLUTION NO. 93-307, accepting a Library Services and Construction Act Title II Grant in the amount of $36,231 from the California State Library and approving Amendment No. 1 to the Master Agreement with the architectural firms of CaldwelllThomas Associates and McGraw/Baldwin Architects for design services work associated with the Americans with Disabilities Act improvements for the Cole Library. 55 4. AB #12,465 - AUTHORIZATION FOR EXPENDITURE OF FUNDS FOR CONSULTANT SERVICES FOR THE NORTH COUNTY SOLID WASTE MANAGEMENT AGENCY. Council adopted RESOLUTION NO. 93-308, authorizing the expenditure of up to $15,000 from the Solid Waste Enterprise Fund for Carlsbad’s portion of consultant services for costs incurred by the North County Solid Waste Management Agency JPA. ITEM REMOVED FROM THE CONSENT CALENDAR: 63 2. AB #12,463 - AUTHORIZATION FOR GRANT APPLICATION FROM CALIFORNIA LIBRARY LITERACY SERVICE. ACTION: On motion by Mayor Lewis, Council adopted RESOLUTION NO. 93-306, authorizing the application for a grant in the amount of $25,167 from the California Library Services Act funds for the Carlsbad City Library Adult Learning Program. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila PUBLIC HEARING: 113 5- AB #12,393 - ZONE 20 SPECIFIC PIAN - SP 203/EIR 913/LFMP 87-F20(A). 77 Staff recommended that the August 3, 1993, Memorandum ((Exhibit 4) from the Assistant Planning Director to the City Manager be incorporated into Council action. Council expressed a desire for some form of notice to be recorded on the deeds so home buyers will be aware of the pr0xim.W of the adjacent agricultural use. Mayor Lewis opened the duly noticed Public Hearing at 6:20 p.m., and issued the invitation to speak. 2 63 a e November 9, 1993 Page 3 PUBLIC HEARING: (Continued) Jack Henthorn, Managing Consuttant and applicant for Zone 20 Specific Plan, 5431 Avenida Encinas, stated this project has taken over four years because of the need to accommodate 52 different ownerships. He said the only unresolved issue is the school financing. On September 14, the issue was continued to allow the developer and school district to resolve that. The proposal that was the result of the meetings was determined to involve the City to such a level that it conflicts with Council Policy 38. Mr. Henthorn requested the item be continued to allow time for further meetings with the school district to work on the wording to achieve the district and City goals. He stated they support the staff report, conclusions and recommendations and ask for a continuance to address this one item. He also stated they understand Council Policy 38 and Council’s position regarding not passing through Mello costs to homeowners. Evelyn McKinney, Evon Gardens, 6525 El Camino Real, spoke in opposition to the developer being allowed to establish the alignment for Poinsettia Lane. She stated the current alignment would destroy her property. She distributed her letter dated November 9, 1993, and read same. Staff stated that the alignment of Poinsettia Lane would be considered by the Planning Commission at their next meeting. Arto Nuutinen, 4920 Campus Drive, Newport Beach, representing the Carlsbad Unified School District, referred to a letter dated November 9, 1993, from the law firm of bowie, Arneson, Kadi, Wiles & Giannone, referencing this project, and asked that the letter be included in the record of tonight’s meeting. This letter asked for mitigation agreements with the District. He concurred with the applicant’s request for a continuance. Greg Saska 6721 El Camino Real, stated he would like to have it on record that the alignment of Poinsettia Lane would have a negative impact on his property. Ronald McKinney, 6525 El Camino Real, withdrew his presentation until a later time. Since no one else wished to speak on this item at this time, Mayor Lewis continued the Public Hearing to December 7, 1993. HOUSING AND REDEVELOPMENT COMMISSION MEETING: Council adjourned to the Housing and Redevelopment Commission at 7:21 p.m., and re-convened at 7:25 p.m., with all Members present. MUNICIPAL WATER DISTRICT: Council adjourned to the Municipal Water District at 7:25 p.m., and re-convened at 7:26 p.m., with all Members present. PUBLIC COMMENT: There were no requests to address Council on a non-agenda item. -(;76 b,L 0 0 November 9, 1993 Page 4 DEPARTMENTAL AND CITY MANAGER REPORTS: 37 6. AB #12,455 - METHOD OF FILLING VACANCIES IN ELECTED OFFICES. John Jones, 3044 State Street, inquired whether it was possible to require an election if there were more than two years left on the term. ACTION: On motion by Council Member Kulchin, Council introduced ORDINANCE NO. -> NS-256 amending Title 2, Chapter 2.04 of the Carlsbad Municipal Code regarding vacancies. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 29 7. AB #12,466 - REVISED 1993-94 OPERATING BUDGET. Mayor Lewis stated he and Mayor Pro Tem Stanton would be serving as a subcommittee to consider the situation in the City Attorney’s Office and the possible need to fill the Assistant City Attorney position. He stated they would provide a report to Council on the matter. ACTION: On motion by Mayor Pro Tem Stanton, Council adopted RESOLUTION NO. 93- 309, amending Resolution No. 93-1 70, revising the Operating Budget for the fiscal year 1993-94 for the City of Carlsbad. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 51 8. AB #12,467 - AMBULANCE FEE INCREASE. ACTION: On motion by Council Member Nygaard, Council adopted RESOLUTION NO. 93- - 31 0, establishing fees for paramedic services. AYES: Lewis, Stanton, Kulchin, Nygaard and Finnila 104 9. AB #12,468 - TRANSIT OPERATIONS FUNDING ALTERNATIVE. This item was withdrawn from the agenda. COUNCIL REPORTS: Council Members reported on the meetings and activities of the various committees and sub-committees of which they are Members. ADJOURNMENT: By proper motion, the Regular Meeting of November 9, 1993, was adjourned at 8:18 p.m. Respectfully submitted, A wRe ETHA L. RAUTENKRANZ - City Clerk Harriett Babbitt, Minutes Clerk &/